Slip and Fall

Slip and Fall on Ice

Our client suffered a fractured ankle when he slipped on ice caused by a leaking piece of equipment at a carwash. We recovered $110,000 through a settlement.

About Us We are a collaborative team with the ability to deliver for you.

All of our lead attorneys have extensive litigation experience against insurance companies. Our attorneys have secured multi million-dollar judgments and settlements. Many of our attorneys previously worked defending insurance companies. Now we use their experience and insight to advocate for our clients against those same insurance companies.

Trials are sometimes necessary to get a fair recovery, but they are rare. You always have the choice of whether or not to go to trial. We see our role as providing you with the best possible information so you can make an informed choice.

We prepare every case for the possibility that it could end in a trial. Most of the time, we prove our clients’ claims to the insurance companies or at-fault parties with the evidence gathered during our investigation. We then negotiate to determine if a fair settlement can be reached. We’ll advise you whether, based on our extensive experience, a settlement offer is fair or not. We’ll explain the pros and cons of pushing forward with filing a lawsuit. We’ll answer your questions and recommend a course of action.

It’s important to note the difference between litigation and trial. Litigation is a word we use to mean anything after the filing of a lawsuit. We usually try to settle your case without even filing a lawsuit. Most cases are settled without filing a lawsuit. But sometimes it may be necessary to file a lawsuit. The defendant might be denying fault. The insurance company might not believe that you are hurt as badly as you are. Filing a lawsuit provides the opportunity to make witnesses answer questions under oath and provide documents and other evidence. We may need to get a court to order someone to provide information they are refusing to provide. All of these steps and much more are considered litigation, but they are not a trial. After these information gathering steps, we will again try to negotiate a settlement in your case, often in a mediation. Even most lawsuits are settled without a trial.

The amounts you can recover depend on many things, including the severity of your injuries, the amount of your lost income, the value of your lost or damaged property, the degree to which your life has been impacted, the amount of your medical bills, and the amount of your future medical expenses. The amount of money you recover is called “damages.” Our legal system has different categories of damages that you can claim depending on the specific circumstances in your case. In personal injury claims, there are four (4) primary categories of damages. They are economic damages, non-economic damages, and permanent

1. Economic Damages are repayment for financial losses or expenses you have because of the incident. These include things like medical bills, lost pay, and damaged property. 2. Non-Economic Damages are compensation for things like living with pain, enduring emotional distress, and being unable to enjoy your life and do the things you did before you were injured. 3. Physical Impairment Damages compensate you if you are permanently impaired as a result of your injuries. 4. Disfigurement Damages are compensation for scarring, amputation, or other permanent disfigurement to any part of your body.

There non-economic damage caps in Colorado. Damage caps are limits on the amount you can recover. Current non-economic damages caps are $468,010. With a recent change in the law, beginning on January 1, 2020, the damage limitation will increase at regular intervals to offset inflation. The Colorado Secretary of State publishes a Certificate with all of the current damage caps. The Certificate can be found here.

There are no damage caps on economic, physical impairment or disfigurement damages.

In Wrongful Death cases, the damages are for the harms suffered by surviving family members and dependents. They include: 1. Economic Damages include funeral expenses and lost income or financial support provided to family members. 2. Non-Economic Damages recognize your grief, loss of companionship, emotional stress and pain suffering. 3. A “Survival Act” claim can also be made for the victim’s medical bills caused by the accident.

There are non-economic damage wrongful death damage caps in Colorado. Wrongful death damage caps are limits on the amount you can recover. Current wrongful death non-economic damages caps are $430,070. With a recent change in the law, beginning in January 1, 2020, the damage limitation will increase at regular intervals to offset inflation. The Colorado Secretary of State publishes a Certificate with all of the current damage caps. The Certificate can be found here.

All of the above categories of damages are based on the harms you suffered. But there also may be times where the defendant must pay additional damages because their conduct was so bad. “Punitive” or “Exemplary Damages” apply if a defendant was more than negligent. Negligent basically means careless. But if a defendant was more than careless, if he was reckless, then he might have to pay punitive damages. Punitive damages are meant to punish the defendant for acting in a way that likely to seriously hurt someone. Punitive damages do not come into play in most cases.

“Statutory Damages” can be awarded in circumstances where a defendant violates a specific statute that provides certain damages. One such statute is the unfair denial or delay of a payment that your own insurance company owes you. C.R.S. section 10-3-1115 and 10-3-1116. These damages apply when you make an uninsured or underinsured claim with your own insurance company and they deny payment even after they have received enough information to prove you should be paid. If this happens, the insurance company may have to pay treble damages (three times (3x) the amount of your claim) plus your attorneys’ fees and costs.

If you are partially at fault for causing the incident, your damages can be reduced by the percentage that you are at fault, which is called comparative negligence.

There are also other types of damages not covered by this post. The amounts you can recovery depend on the specific circumstances of your case. It’s important to know which categories apply in your case and how to prove damages to an insurance company. Feel free to contact us if you would like to discuss the specific types and amounts of damages that apply in your case.

Clients are often hesitant to submit medical expenses under their Med-Pay policy. Some fear that if they submit the medical bills then the insurance company will increase their rates or decline to renew their insurance policy. Thankfully, the Colorado Division of Insurance forbids insurance companies from penalizing injured people who use Med-Pay. This includes raising their insurance rates or refusing to renew a policy because an injured person submitted medical bills to Med-Pay.

Overview Here’s everything you need to know.

Slip and fall accidents are often caused by the negligence of another, resulting in a dangerous condition on a property. Slip and fall accidents may also be referred to as “Premises Liability Claims”.

Examples of Premises Liability Claims are listed below

Trip and Fall injuries caused by dangerous conditions such as tree roots, uneven sidewalks or potholes

Defective Stairs, doors, elevators or escalators

Injuries occurring on parking lots, alley ways or other public areas as a result of a dangerous condition

Inadequate ramps or handrails

Common Injuries

These types of accidents can cause life altering injuries, including:

Broken bones

Traumatic Brain Injuries

Sprains/Strains

Paralysis

Loss of Vision

Permanent Disfigurement

Death

Relevant Claims

A landowner has a duty to maintain his or her property in a reasonably safe condition. Your right to recover from a landowner is dependent on your reason for entering the property. It is important to understand who is responsible for the property where you are injured. In some instances, property managers or third-party contractors may have created, or contributed to, the condition which caused your injury. Understanding who may be responsible for your injury is important. Notifying the landowner of the injury and requesting that the landowner preserve the condition of the property for inspection is also important.

There may be multiple claims you can assert for an injury on another’s property. The Premises Liability Act provides a remedy for injuries sustained as a result of the landowner’s failure to exercise reasonable care.

Although the Premises Liability Act refers to a “landowner,” the legal definition of a landowner in the act extends beyond the typical owner of the property. Landowner status can include contractors and property managers who had control of the property at the time of your injury.

The Premises Liability Act classifies you based on why you were on the land of another. If you were trespassing on the property, you may only recover for damages “willfully and deliberately” caused by the landowner. This standard applies if you did not have consent from the landowner to be present on the property.

If you are on the property of another to do business in which you and the landowner are mutually interested, or if the landowner represents to the public that you are welcome on the property, you may be considered an “Invitee”. Examples of invitees include: a tenant who rents property from a landowner; a person who pays an admission fee to attend an event; a customer at a store or other public business, and; persons entering a public building open to the public.

As an invitee, you can generally recover damages from the landowner for injuries caused by the landowner’s unreasonable failure to exercise reasonable care to protect against dangers of which the landowner actually knew or should have known.

If you are on the property of another for your own convenience, or to advance your own interests with consent of the landowner, you are considered a licensee. Examples of licensees include: social guests and volunteers.

As a licensee , you can recover damages from the landowner if the landowner failed to exercise reasonable care with respect to dangers created by the landowner – dangers of which the landowner had actual notice of, or by the landowner’s failure to warn of dangers which exist on the property and are not ordinarily present on the property – but the landlord had knowledge of the condition.

Other claims may exist for injuries you sustained on the land of another. Please contact us to obtain an evaluation of your claim and to determine the best course of action to pursue obtaining compensation for your injuries.

What’s my plan?

The insurance company or corporation has a plan. You need one too. We know the actions to take and the choices to make.

You got hurt. Don’t stress, we’ve got you covered.

Consultation

Each case begins with a free, no-obligation consultation with an experienced personal injury attorney. We will answer your questions. We will learn how you or a loved one was harmed. We will explain what you can expect from us, what needs to be done to obtain a recovery, and the timeline of the case. We can meet at our office, talk over the phone, or meet at your location if you are unable to travel. After the consultation, you choose whether to hire us as your attorneys.

Step 01

Representation

We will notify all involved insurance companies, claims adjusters, and lawyers that they must communicate with us about your case. You won’t be bothered by their phone calls, emails or letters from this point forward. If you must give a statement to anyone regarding the incident, we will advise you what to expect. We will be there with you when you give your statement. You do not pay us while your case is pending. Our fees are paid from any money we recover. If we don’t recover anything, we don’t get paid fees.

Step 02

Investigation

We will gather evidence to support your claim. We will obtain incident reports, interview witnesses and investigators, and notify anyone in possession of evidence that they must preserve it for your case. We will inspect and photograph the scene of the incident and evidence involved in the incident. We will obtain your medical records and bills to support your claim. We will also determine all parties who may be liable for your injuries and damages.

Step 03

Expert Involvement

When necessary, we will work with experts to obtain opinions in support of your claim. We will consult with your doctors to get their opinions about your future medical needs or permanent impairment. Sometimes, other types of experts are necessary. There are many types of experts. We know how to find the right expert for your case. For example, we may ask a crash reconstructionist to explain how a disputed collision occurred or an engineer to evaluate the danger of a property condition. We pay all experts’ fees up front.

Step 04

Settlement

In most cases, we can resolve your claim without court involvement. We compile the information described above and present it to the at-fault party or their insurance company. We request a specific monetary amount as compensation for you. If we reach a settlement, then your claim is resolved and we turn to resolving reimbursement obligations.

Step 05

Litigation

In some cases, you must file a lawsuit to obtain a fair recovery. We will give you our opinion about whether any offer on the table is fair, but it’s your choice whether or not to file a lawsuit. The vast majority of court cases are still settled without a trial. A trial is rarely necessary.

Step 06

Reimbursement Obligations

If any form of health insurance paid for your medical bills, then it probably has the right to be repaid from any money you recover. For more detail on this topic, see our FAQ on subrogation. Throughout your case, we will remain in contact with these insurers. We will negotiate with them to get them to reduce or waive their claims so that you keep more of the recovered money.

Step 07

Disbursement

You receive your net settlement check, free and clear of all obligations. We have resolved all of the issues related to your claim. Your case is officially closed.